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How to reform a suspended prison sentence: Replace it with a suspended sentence

Publication at Faculty of Law |
2023

Abstract

Suspended prison sentence is considered to be one of the most problematic sanctions both world-wide and in Czechia. We present how it could be reformed so that the problems are resolved, while a sanction with similar aims is present within the system of sanctions.

Specifically, I suggest that a suspended prison sentence could be transformed into a suspended sentence: The operational period would be set at sentencing, but the length of the prison sentence would not be set definitevely. Such a sentence would (i) provide the offender with a new chance and (ii) additional sanctions and measures fulfilling proportionate, incapacitative, rehabilitative and restorative aims.

Length of the prison sentence would be set following a breach. While deciding on the length the court would consider the impacts of the operational period, additional sanctions and measures imposed alongside the suspended sentence and carried out during the operational period when fixing the length of the prison sentence.